• Value adding to your ideas
  • Useful commercial asset
  • Ahead of the competition
Governed by the Patents Act 1990 (Cth), patents are granted by IP Australia to applicants for inventions that are, before the filing date of the first application:
  • Novel (subject to possible grace provisions)
  • Inventive (or at least innovative)
  • Useful
  • Not secretly used
Patent protection gives the owner of an Australian patent the exclusive rights to produce, use, and sell, that is, commercially exploit, the invention claimed in that patent for a set period of time, such as:
  • 20 years for a Standard Patent
  • 8 years for an Innovation Patent
  • Up to 25 years for a pharmaceutical patent granted an extension of term.

A patent also gives its owner, or licensee, enforceable rights against infringers of the patent, such as where a competitor has, without authorisation, commercially exploited the invention claimed in the patent.

Our attorneys can draft the patent application you need to protect for your invention, and give you the best chance of successfully navigating through the often turbulent and unpredictable waters of the patent examination process.

Maxwells will:
  • Carry out searches to insure the invention is novel and patentable
  • Prepare and file all types of patent applications, and prosecute those applications through the patent examination process.
  • Assist in the review of, or prepare, confidentiality agreements to enable discussions with interested parties when it is necessary to disclose your invention or other commercially sensitive information before filing a patent application for the invention.
  • Conduct freedom to operate (FTO) and other searches to assess the patent landscape surrounding your invention.
  • Carry out watches for the progress of competitors’ patent applications or the renewal of their patents.
  • Monitor the marketplace for infringement activity.
  • Take legal action seeking to enforce your patent rights against infringers.
  • Take action before IP Australia seeking re-examination or to oppose the grant by IP Australia of a competitor’s patent application where there are grounds for doing so, or to defend your accepted patent application during re-examination or opposition actions instigated by a competitor.
  • Supply you with reminders or a schedule for when renewal fees need to be paid and other actions taken to maintain your patents in full force and effect.